An LED television is an expensive purchase and you won’t want to be out of pocket if it goes wrong.
The good news is that in the UK you have statutory rights as a consumer that give you six years (five in Scotland) from the date of purchase to make a claim. These rights are provided by the Sale of Goods Act 1979, which is often referred to as SoGA.
The Sale of Good Act states that items must be of satisfactory quality.
This covers life expectancy taking into account the type of product purchased and the price paid. It is therefore reasonable to expect an expensive item such as an LED TV to last 5 – 8 years when used under normal operating conditions.
Remedies
The remedies available to you depend upon how long you have had your television.
Just got your LED TV
If you have just got your television and it is faulty you can reject it and demand a full refund or a replacement.
Less than six months from purchase
If your faulty LED television is less than six months old the television is assumed to have been faulty when it was delivered and it is for the retailer to prove otherwise.
More than six months from purchase
When you have LED TV is more than six months old, the burden of proof lies with you the consumer. You may need to prove that it was faulty when delivered and has an inherent fault.
Less than a year old
In practice most televisions come with a 1 year manufacturer’s warranty and any problems you have will be covered by this. The terms of the warranty can include anything and you may need to pay for shipping costs to the repair centre. When making a claim under the Sale of Goods Act the retailer is liable for the postage costs and other out-of-pocket expenses.
More than a year old
It is when the warranty has expired that consumers have problems with retailers who tend to fob people off and suggest contacting the manufacturer and paying for a repair. This is when you need to know what your rights are and how to assert them.
You need to be assertive and state that your television is not of satisfactory quality and that this is a requirement of the Sale of Goods Act 1979.
It is always a good idea to put things in writing so that there is an audit trail. These days e-mail is fine.
Dear Sir,
I purchased a Samsung LED TV from you on 01/01/07 for £1000 and it is not of satisfactory quality.
The problem is that I can’t get a picture when I turn on the television.
I would like you to repair or replace my television as my contract is with you and it is reasonable to expect an expensive LED TV to last longer than this. As you are aware, this is one of my statutory rights as defined in the Sale of Goods Act 1979.
Please arrange for my TV to be replaced or repaired within 14 days from receipt of this letter.
Yours faithfully,
John Smith
Additional Protection
If you paid with your credit card, even if this was just the deposit, the credit card company is equally liable and is effectively the retailer, under Section 75 of the Consumer Credit Act. This is especially useful if the retailer has gone out of business.
If you bought your television over online, by mail order or on the phone you are covered by the Distance Selling Regulations and can return the product in a re-saleable condition seven days after it was delivered. However, you must inform the retailer in writing.
Who Pays for Return Postage?
If you are making a claim under the SoGA the retailer will pay either directly or reimburse you.
If you are making a warranty claim this depends on the warranty terms and conditions.
If you are returning an unwanted TV under the Distance Selling Regulations then it depends what it says in the retailer’s terms. Usually you are required to pay the return shipping costs, but restocking fees are NOT allowed.
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